Early Breakfast withRelebogile Mabotja

South African Revenue Service (Sars) lawyers want documents about the alleged 'rogue spy unit' to be excluded from Adrian Lackay’s constructive dismissal case.

Sars lawyers argued that the documents are inadmissible and should be thrown out on the first day of court proceedings at the Commission for Conciliation, Mediation and Arbitration (CCMA), reports EWN's Gia Nicolaides.

They want all those documents to be deemed inadmissible because they don't believe that they have anything to do with the dismissal case.

— Gia Nicolaides, EWN reporter

Lackay, a former Sars spokesperson, resigned after 11 years of service and approached the CCMA to have his resignation declared an act of constructive dismissal.

Lackay says it had become unbearable to work at Sars under the leadership of commissioner Tom Moyane, who alleged that an illegal spy unit had been set up by senior officials.

Lawyers representing Lackay say they'll present evidence showing that working at the revenue service became intolerable, creating both personal and professional challenges for him.

These documents contain information about the so called spy unit set up at Sars, explains Nicolaides.

Lawyers on both sides presented their opening arguments this morning and the trial is expected to be concluded by the end of the week.

It's unclear at this stage whether Moyane will testify, and Sars lawyers say it depends on the evidence that is led by Lackay's legal team.

Nicolaides says the evidence and testimony given in this case may have implications for the separate Hawks investigation into Finance Minister Pravin Gordhan and other Sars officials.

Lackay and others maintain that there was nothing illegal about the spy unit.